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Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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“FHRITP” = Career-limiting move

For those unfamiliar with this vulgar form of harassment, “FHRITP” refers to the offensive trend of female reporters being heckled on-air by some miscreant shouting “f**k her right in the p***y!” When CityNews reporter Shauna Hunt was targeted with that nonsense while interviewing fans outside a Toronto FC game this past Sunday, she challenged a

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To mitigate or not to mitigate? That is the question

Often times in a constructive dismissal situation where an employee is demoted, the affected employee will have to decide whether or not they are required to accept the demoted position in order to mitigate any damages that they seek arising from the constructive dismissal. In the recent case of Dunstan Morgan v. Vitran Express Canada

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What’s the fix to ending a fixed-term contract early?

Fixed-term contracts are those that anticipate and set out a certain length of employment. But what if the parties want to bring the relationship to an end within the fixed-term? Is the employer on the hook to pay for the remaining term? This was precisely the question before the Ontario Superior Court of Justice recently.

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Not 100% recovered yet? No job … Not so says Nova Scotia Human Rights Commission

Are we still having the discussion that an employee needs to be 100% recovered from an injury before she/he can return to work? According to a recent Nova Scotia Human Rights Board of Enquiry decision in Tanner v. Alumitech Distribution Centre Ltd., 2015 CanLII 15118 (NS HRC) apparently so. John Tanner was involved in a

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Protecting the bystander: Strategies in workplace harassment prevention and investigations

After years of research and related policies and training, workplace harassment prevention remains a challenge for many employers.  The reality of this persisting problem in many workplaces demands further education and new and creative responses, especially when considering the role and impact upon bystanders. Bystanders are individuals who observe harassment in the workplace firsthand.  Depending

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“What if President Obama drops by the office today?” (and other considerations for company dress codes)

I recently read news coverage of an employee who was sent to a meeting that he thought “was going to be an informal event — that it was going to be business casual,” only to find himself seated at a boardroom table with none other than U.S. President Barack Obama.  After the meeting, the employee

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Oppression remedy may leave corporate directors liable for unpaid wages and constructive dismissal damages

In a recent blog, we observed that directors, officers and shareholders may be deemed to be “common employers” together with corporations; and that in certain circumstances, owners and operators may be “on the hook” for claims by employees and former employees. By way of another recent decision of the Ontario Superior Court of Justice, director

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Lessons for employers about expense claims from the Mike Duffy trial

We’re now several days into the Mike Duffy trial and the stage is set for a public examination of the expenses that Mr. Duffy claimed while he was a member of the Senate.  Ultimately, it will be up to Justice Vaillancourt to decide if Mr. Duffy is guilty of a criminal offence, but this case

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